Adventure Church filed a request for dismissal in its breach of contract suit against the Tower Theatre, a court filing shows.
The church thought it had a deal in place in 2020 to buy the embattled theater in the Fresno Tower District. News of the possible sale led to public protest, with demonstrators saying the church was not a good fit for the neighborhood.
Legally, the sale ran into trouble when Sequoia Brewing Company — a tenant of the theater complex — sued to enforce its first right to buy the property.
The restaurant eventually won its case. By that time, the city of Fresno jumped in and bought the theater for $6.5 million. It also agreed to cover the legal costs of the theater and restaurant, and finance Sequoia Brewing Company’s purchase of its land for a below-market interest rate.
Adventure Church also filed suit against the Tower Theatre owners, arguing that the theater’s mistake with Sequoia Brewing Company constituted a breach of contract. A trial date was set for March 2024.
The church was unsuccessful with its request for an injunction in June to block the city from completing its purchase.
The motion, which is expected to appear on the official court docket soon, was filed “without prejudice” meaning it could be re-filed at a later date.
City Now Owns Theater
The city closed escrow last month and is currently inspecting the property to evaluate repairs and upgrades needed.
“It was the right decision, given that we followed all the rules and procedures to enter into this purchase agreement. It validates the city’s position that we have (bought) the Tower Theatre as a public asset,” Councilman Miguel Arias, who represents part of the Tower District, said.
Sources tell GV Wire that depositions for the 2024 trial started this month. The court docket shows that the church’s main attorney, David Emerzian, filed to withdraw from the case on Aug. 15.